Two-wheeler makers move HC over ban on pillion seat

BENGALURU: Two-wheeler manufacturers Hero Motocorp Ltd and TVS Motor Company have moved the Karnataka High Court against the notification issued by the Transport Department on implementation of the provision of Karnataka Motor Vehicle Rules which state that “no pillion seat shall be attached to motorcycle with less than 100 cc engine”.

Hearing the petition, Justice B V Nagarathna issued notice to the Transport Department Secretary and also to the Commissioner for Transport and Road Safety, and asked the government advocate to get necessary inputs from the authorities concerned with regard to the question of law raised by the petitioners.
Hero Motocorp and TVS have challenged the notifications dated October 13 and 23 banning fresh registration of motorcycles with engine capacity of less than 100 cc bikes with pillion seats and also banning of use of such vehicles. The petitioners have also challenged the constitutional validity of Rule 143 (3) of the Karnataka  Motor Vehicle Rules. This provision says that “no pillion seat shall be attached to motorcycle with less than 100 cc engine.

The petitioners contended that the impugned notifications which were issued after the High Court pointed out to the registration of vehicles below 100 cc engine against Rules while hearing an appeal in an accident case, had not gone into the constitutional validity of the Rule which was formulated in 1989. They also said that the power to effect any change is vested with the central government.